Auto-Owners Insurance Company v. Ace Electrical Service, Inc. et al
Plaintiff: Auto-Owners Insurance Company
Defendant: Steve L. Kirscht, Charles R. DePari, Jr., Stephen P. Byrne, P.E. and Donna M. DePari
3Rd Party Plaintiff: City of Daytona Beach and Ace Electrical Service, Inc.
3Rd Party Defendant: Dickens and Associates, Inc.
Case Number: 6:2008cv01454
Filed: August 22, 2008
Court: US District Court for the Middle District of Florida
Office: Contract: Other Office
County: Osceola
Presiding Judge: David A Baker
Referring Judge: Patricia C Fawsett
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on July 19, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 19, 2010 Opinion or Order Filing 96 ORDER OF DISMISSAL WITH PREJUDICE. Pursuant to Docket Number 95, this case is dismissed with prejudice, the parties to bear their respective attorneys' fees and costs. The Clerk shall close this file. Signed by Senior Judge Patricia C. Fawsett on 7/19/2010. (Fawsett, Patricia)
July 15, 2010 Filing 95 STIPULATION of Dismissal with Prejudice by all parties.(Bonner, Robert) Modified on 7/16/2010 (LAK).
May 20, 2010 Opinion or Order Filing 94 ENDORSED ORDER granting #93 Motion for extension of time to complete discovery. Provided, however, this extension in no way relieves the parties of other obligations and deadlines set forth in the Scheduling Order. Further, this extension shall not be the basis for seeking relief from that Order. Provided further, this extension assumes that there will be no disputes regarding discovery within this extended period, and the Court will not entertain any motions pertaining to such disputes. In particular, the parties are reminded that the deadline for filing of dispositive motions is NOT extended. Signed by Magistrate Judge David A. Baker on 5/20/2010. (Baker, David)
May 19, 2010 Filing 93 Joint MOTION for extension of time to complete discovery by Stephen P. Byrne, P.E., Dickens and Associates, Inc.. (Porter, Michael) Motions referred to Magistrate Judge David A. Baker.
March 26, 2010 Filing 92 NOTICE of Hearing: Final Pretrial Conference set for 12/6/2010 at 10:00 AM in Orlando Courtroom 6 D before Magistrate Judge David A. Baker. (EC)
December 30, 2009 Opinion or Order Filing 91 ORDER granting in part and denying in part #80 Motion to strike. Signed by Senior Judge Patricia C. Fawsett on 12/30/2009. (KMF)
November 28, 2009 Filing 90 Remark: Docket Number 89 has been reviewed. (Fawsett, Patricia)
November 23, 2009 Filing 89 NOTICE of mediation to be held on 02/10/10 9:00 before Fred Lyon. (Porter, Michael)
November 12, 2009 Opinion or Order Filing 88 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Senior Judge Patricia C. Fawsett on 11/12/2009. (MTH)
November 4, 2009 Filing 87 Amended CASE MANAGEMENT REPORT. (Porter, Michael) Modified on 11/5/2009 (DDK).
November 2, 2009 Filing 86 ANSWER to #84 Crossclaim of Auto-Owners Insurance Company by City of Daytona Beach.(Koberg, MaryEllen)
October 29, 2009 Filing 85 NOTICE of filing exhibits re #84 Second Amended Answer, Affirmative Defenses and Crossclaims by Auto-Owners Insurance Company (Attachments: #1 Exhibit A AOIC Answer and Amended Answer and Affirmative Defenses, #2 Exhibit B Ace Contract, #3 Exhibit C Payment and Performance Bonds)(Crafton, Thomas) Modified on 10/30/2009 (DDK).
October 27, 2009 Filing 84 Second AMENDED ANSWER, Affirmative Defenses and Crossclaims against City of Daytona Beach to #23 CROSSCLAIM by Auto-Owners Insurance Company. (Exhibits not attached.) (DDK). Modified on 10/29/2009 (DDK).
October 16, 2009 Opinion or Order Filing 83 ORDER granting #74 motion to amend/correct Signed by Senior Judge Patricia C. Fawsett on 10/16/2009. (KMF)
October 14, 2009 Filing 82 Remark: Docket Numbers 78 and 79 have been reviewed. (Fawsett, Patricia)
October 13, 2009 Filing 81 ANSWER and affirmative defenses to Complaint by Stephen P. Byrne, P.E..(Porter, Michael)
October 13, 2009 Filing 80 MOTION to strike the City of Daytona Beach's Demand for Attorneys' Fees by Stephen P. Byrne, P.E.. (Porter, Michael)
October 13, 2009 Filing 79 CERTIFICATE of interested persons and corporate disclosure statement re #40 Order by Stephen P. Byrne, P.E.. (Porter, Michael)
October 13, 2009 Filing 78 NOTICE of pendency of related cases re #2 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Stephen P. Byrne, P.E.. Related case(s): no (Porter, Michael)
October 7, 2009 Opinion or Order Filing 77 ORDER granting in part and denying in part #73 motion to amend/correct Signed by Senior Judge Patricia C. Fawsett on 10/7/2009. (Foley, Kathryn)
September 30, 2009 Filing 76 ANSWER to #68 Amended Third party complaint by Dickens and Associates, Inc.(Porter, Michael) Modified on 10/1/2009 (DDK).
September 29, 2009 Filing 75 RESPONSE in opposition re #73 MOTION to amend/correct #37 Amended counterclaim and third party complaint by City of Daytona Beach. (Koberg, MaryEllen) Modified text on 9/30/2009 (DDK).
September 25, 2009 Filing 74 Second MOTION to amend/correct Answer Affirmative Defenses and Crossclaim by Auto-Owners Insurance Company. (Attachments: #1 Amended Answer, Affirmative Defesnses and Crossclaim)(Crafton, Thomas)
September 22, 2009 Filing 73 MOTION to amend/correct #37 CounterclaimThird party complaint by Ace Electrical Service, Inc.. (Attachments: #1 Main Document Second Amended Third Party Complaint, #2 Exhibit A - Contract, #3 Exhibit B (Composite) - Bonds, #4 Exhibit C - General Agreement of Indemnity)(Webster, Benjamin)
September 21, 2009 Opinion or Order Filing 72 ORDER. The Motion at Docket Number #70 requesting an extension of time until September 30, 2009 to respond to the Amended Third Party Complaint is GRANTED. Signed by Senior Judge Patricia C. Fawsett on 9/21/2009. (Fawsett, Patricia) Modified on 9/22/2009 (DDK).
September 21, 2009 Filing 71 NOTICE of change of address by Robert E. Bonner (Bonner, Robert)
September 16, 2009 Filing 70 Unopposed MOTION for extension of time to file answer or otherwise plead re #68 Third party complaint by Dickens and Associates, Inc.. (Porter, Michael)
September 8, 2009 Summons issued as to Stephen P. Byrne, P.E.. (KCH)
September 1, 2009 Filing 69 FOURTH PARTY COMPLAINT against Stephen P. Byrne, P.E. filed by City of Daytona Beach.(Koberg, MaryEllen)
September 1, 2009 Filing 68 Amended THIRD PARTY COMPLAINT against Dickens and Associates, Inc. filed by City of Daytona Beach.(Koberg, MaryEllen)
August 25, 2009 Opinion or Order Filing 67 ORDER granting in part and denying in part #62 Motion to dismiss; granting #65 Motion for leave to file. See attached order for details and deadlines. Signed by Senior Judge Patricia C. Fawsett on 8/25/2009. (CHP)
August 12, 2009 Filing 66 RESPONSE in opposition re #65 MOTION for leave to file Fourth Party Complaint against Stephen P. Byrne, PE filed by Dickens and Associates, Inc.. (Porter, Michael)
July 30, 2009 Filing 65 MOTION for leave to file Fourth Party Complaint against Stephen P. Byrne, PE by City of Daytona Beach. (Koberg, MaryEllen)
July 29, 2009 Filing 64 RESPONSE to motion re #62 MOTION to dismiss Third Party Complaint filed by City of Daytona Beach. (Koberg, MaryEllen)
July 21, 2009 Filing 63 Remark: Docket Number 61 has been reviewed. (Fawsett, Patricia)
July 20, 2009 Filing 62 MOTION to dismiss Third Party Complaint by Dickens and Associates, Inc.. (Porter, Michael)
July 20, 2009 Filing 61 CERTIFICATE of interested persons and corporate disclosure statement re #40 Order by Dickens and Associates, Inc.. (Porter, Michael)
July 20, 2009 Filing 60 NOTICE of pendency of related cases re #2 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Dickens and Associates, Inc.. Related case(s): n (Porter, Michael)
June 25, 2009 Summons issued as to Third Party Defendant, Dickens and Associates, Inc. (DDK)
June 24, 2009 Filing 59 THIRD PARTY COMPLAINT against Dickens and Associates, Inc. filed by City of Daytona Beach.(Koberg, MaryEllen)
June 24, 2009 Filing 58 THIRD PARTY COMPLAINT against Dickens and Associates, Inc. filed by City of Daytona Beach.(Koberg, MaryEllen) Incorrect PDF attached. PDF document deleted - attorney to refile. Modified on 6/24/2009 (LAM).
June 5, 2009 Opinion or Order Filing 57 ORDER granting #56 Motion for leave to file. Signed by Senior Judge Patricia C. Fawsett on 6/5/2009. (Fawsett, Patricia)
June 5, 2009 Filing 56 Unopposed MOTION for leave to file Third Party Complaint against Dickens & Associates by City of Daytona Beach. (Koberg, MaryEllen)
May 27, 2009 Filing 55 MEDIATION REPORT Hearing held on May 19, 2009 Hearing outcome: Impassed. (Cohen, Jay) Modified on 5/28/2009 (LAM).
May 5, 2009 Filing 54 Written designation and consent to act by Thomas E. Crafton on behalf of Auto-Owners Insurance Company. Local Counsel: Robert E. Bonner. Non-Resident Counsel: Thomas E. Crafton. (Crafton, Thomas)
May 3, 2009 Filing 53 Remark: Docket Number 52 has been reviewed. (Fawsett, Patricia)
April 29, 2009 Filing 52 NOTICE of mediation to be held on May 19, 2009 at 9:00 a.m. before Jay M. Cohen. (Bonner, Robert)
April 22, 2009 Opinion or Order Filing 51 ENDORSED ORDER granting #50 motion to appear pro hac vice. Provided, all counsel shall register for and use the electronic filing system as adopted by the Court. After this Order, the Clerk will no longer send copies of docket entries by U.S. Mail to counsel in this case. Signed by Magistrate Judge David A. Baker on 4/22/2009. (Baker, David)
April 22, 2009 Filing 50 MOTION for Thomas E. Crafton to appear pro hac vice by Auto-Owners Insurance Company. (Attachments: #1 Affidavit of Thomas E. Crafton)(Bonner, Robert) Motions referred to Magistrate Judge David A. Baker.
April 8, 2009 Filing 49 NOTICE by Auto-Owners Insurance Company of Service of Rule 26(a)(1) Disclosures (Bonner, Robert)
March 24, 2009 Opinion or Order Filing 48 ORDER granting #44 Motion to compel. Signed by Magistrate Judge David A. Baker on 3/24/2009. (EC)
March 18, 2009 Filing 47 AMENDED ANSWER to City of Daytona Beach, Inc.'s #23 Crossclaim by Auto-Owners Insurance Company. (Bonner, Robert)
March 17, 2009 Opinion or Order Filing 46 ORDER. The Motion to Amend at Docket Number 45 is GRANTED. Signed by Senior Judge Patricia C. Fawsett on 3/17/2009. (Fawsett, Patricia)
March 16, 2009 Filing 45 MOTION to amend/correct Answer and Affirmative Defenses to Cross-Claim Filed by the City of Daytona Beach, Inc. by Auto-Owners Insurance Company. (Attachments: #1 Proposed Amended Answer)(Bonner, Robert)
March 3, 2009 Filing 44 Amended MOTION to compel Production of Documents by Auto Owners by City of Daytona Beach. (Attachments: #1 Exhibit A)(Koberg, MaryEllen) Motions referred to Magistrate Judge David A. Baker.
March 3, 2009 Filing 43 Amended MOTION to compel Production by Auto Owners by City of Daytona Beach. (Attachments: #1 Exhibit A)(Koberg, MaryEllen) Motions referred to Magistrate Judge David A. Baker. ***Wrong PDF attached. REFILED at #44.*** Modified on 3/3/2009 (MJT).
March 2, 2009 Opinion or Order Filing 42 ORDER denying without prejudice #41 Motion to compel. Signed by Magistrate Judge David A. Baker on 3/2/2009. (EC)
February 10, 2009 Filing 41 MOTION to compel Auto-Owners Insurance Company's Production of Documents by City of Daytona Beach. (Attachments: #1 Exhibit A)(Koberg, MaryEllen) Motions referred to Magistrate Judge David A. Baker.
January 28, 2009 Opinion or Order Filing 40 AMENDED INTERESTED PERSONS ORDER. Signed by Senior Judge Patricia C. Fawsett on 1/28/2009. (AJD)
January 20, 2009 Filing 39 ANSWER and Affirmative Defenses to #37 Counterclaim Third party complaint by Auto-Owners Insurance Company. (Bonner, Robert) Modified on 1/21/2009 (MJT).
January 6, 2009 Filing 38 The City of Daytona Beach's ANSWER to #37 CounterclaimThird party complaint of Ace Electrical Service, Inc. by City of Daytona Beach.(Koberg, MaryEllen)
December 29, 2008 Filing 37 Amended COUNTERCLAIM against Auto-Owners Insurance Company, THIRD PARTY COMPLAINT against City of Daytona Beach filed by Ace Electrical Service, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Webster, Benjamin)
December 28, 2008 Opinion or Order Filing 36 ORDER granting #35 motion to amend/correct; granting #35 Motion for leave to file. Signed by Senior Judge Patricia C. Fawsett on 12/28/2008. (Fawsett, Patricia)
December 19, 2008 Filing 35 MOTION to amend/correct #18 Third party complaint, MOTION for leave to file Amended Counterclaim and Third-Party Complaint and Incorporated Memorandum of Law by Ace Electrical Service, Inc.. (Attachments: #1 Exhibit A - Amended Counterclaim and Third-Party Complaint)(Webster, Benjamin)
December 9, 2008 Opinion or Order Filing 34 ENDORSED ORDER: striking Replies (doc. nos. 32 and 33). The document were filed in violation of the Federal Rules of Civil Procedure, which do not allow replies or responses to affirmative defenses. The Clerk is directed to delete the documents, and any response required to be filed because of the stricken documents will not be required and will also be stricken and deleted. Signed by Magistrate Judge David A. Baker on 12/9/2008. (Baker, David)
December 8, 2008 Filing 33 ***STRICKEN and Deleted per 34 ORDER.*** REPLY to affirmative defenses by City of Daytona Beach. (Koberg, MaryEllen) Modified on 12/9/2008 (MJT).
December 8, 2008 Filing 32 ***STRICKEN and Deleted per 34 ORDER.*** REPLY to affirmative defenses by City of Daytona Beach. (Koberg, MaryEllen) Modified on 12/9/2008 (MJT).
November 25, 2008 Filing 31 ANSWER to #22 Counterclaim and Affirmative Defenses by Ace Electrical Service, Inc.. Related document: #22 Answer to third party complaintCounterclaim filed by City of Daytona Beach.(Webster, Benjamin) Text modified on 11/26/2008 (RDO).
November 25, 2008 Filing 30 ANSWER to #23 Crossclaim by Auto-Owners Insurance Company. (Related document: #23 Crossclaim filed by City of Daytona Beach.)(Bonner, Robert) Modified on 11/25/2008 (MJT).
November 19, 2008 Opinion or Order Filing 29 ENDORSED ORDER denying as moot #28 Motion to extend time. Because the parties are in agreement and no deadline is affected, no court order is necessary. Fed. R. Civ. Pro. 29. Signed by Magistrate Judge David A. Baker on 11/19/2008. (Baker, David)
November 18, 2008 Filing 28 Unopposed MOTION to extend time to Serve Manadatory Initial Disclosures and Incorporated Memorandum of Law by Ace Electrical Service, Inc.. (Webster, Benjamin)
November 14, 2008 Filing 27 Remark: Docket Number 25 has been reviewed. (Fawsett, Patricia)
November 12, 2008 Filing 26 NOTICE of pendency of related cases re per Local Rule 1.04(d) by City of Daytona Beach. Related case(s): No (Koberg, MaryEllen)
November 12, 2008 Filing 25 CERTIFICATE of interested persons and corporate disclosure statement by City of Daytona Beach. (Koberg, MaryEllen)
November 10, 2008 Filing 24 RETURN of service executed on October 21, 2008 by Ace Electrical Service, Inc. as to City of Daytona Beach. (Webster, Benjamin)
November 5, 2008 Filing 23 CROSSCLAIM against Auto-Owners Insurance Company filed by City of Daytona Beach. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Koberg, MaryEllen)
November 5, 2008 Filing 22 The City of Daytona Beach's ANSWER to #18 Third party complaint Affirmative Defenses, COUNTERCLAIM against Ace Electrical Service, Inc. by City of Daytona Beach. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Koberg, MaryEllen)
October 27, 2008 CASE REFERRED to mediation, Jay M. Cohen appointed mediator. (MJT)
October 24, 2008 Opinion or Order Filing 21 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Senior Judge Patricia C. Fawsett on 10/24/2008. (MTH)
October 23, 2008 Filing 20 CASE MANAGEMENT REPORT. (Bonner, Robert)
October 19, 2008 Filing 19 Remark: Docket Numbers 16 and 17 have been reviewed. (Fawsett, Patricia)
October 14, 2008 Summons issued as to City of Daytona Beach. (RDO)
October 10, 2008 Filing 18 THIRD PARTY COMPLAINT with jury demand against City of Daytona Beach filed by Ace Electrical Service, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Webster, Benjamin) Modified on 10/14/2008 (LAK).
October 8, 2008 Filing 17 NOTICE of pendency of related cases re #2 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Ace Electrical Service, Inc., Charles R. DePari, Jr, Donna M. DePari, Steve L. Kirscht. Related case(s): No (Webster, Benjamin)
October 8, 2008 Filing 16 CERTIFICATE of interested persons and corporate disclosure statement re #15 Interested persons order by Ace Electrical Service, Inc., Charles R. DePari, Jr, Donna M. DePari, Steve L. Kirscht. (Webster, Benjamin)
October 1, 2008 Opinion or Order Filing 15 INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due within eleven days from the defendants. Signed by Senior Judge Patricia C. Fawsett on 10/1/2008. (AJD)
September 30, 2008 Filing 14 Defendants' ANSWER and affirmative defenses to #1 Complaint by Ace Electrical Service, Inc., Charles R. DePari, Jr, Donna M. DePari, Steve L. Kirscht.(Webster, Benjamin)
September 9, 2008 Filing 13 RETURN of service executed on 8-26-08 by Auto-Owners Insurance Company as to Steve L. Kirscht. (Bonner, Robert)
September 9, 2008 Filing 12 RETURN of service executed on 8-26-08 by Auto-Owners Insurance Company as to Donna M. DePari. (Bonner, Robert)
September 9, 2008 Filing 11 RETURN of service executed on 8-26-08 by Auto-Owners Insurance Company as to Charles R. DePari, Jr. (Bonner, Robert)
September 9, 2008 Filing 10 RETURN of service executed on 8-26-08 by Auto-Owners Insurance Company as to Ace Electrical Service, Inc.. (Bonner, Robert)
September 5, 2008 Filing 9 PROOF of service by Auto-Owners Insurance Company (Bonner, Robert)
September 5, 2008 Filing 8 PROOF of service by Auto-Owners Insurance Company (Bonner, Robert)
September 5, 2008 Filing 7 PROOF of service by Auto-Owners Insurance Company (Bonner, Robert)
September 5, 2008 Filing 6 PROOF of service by Auto-Owners Insurance Company (Bonner, Robert)
August 29, 2008 Filing 5 NOTICE of pendency of related cases re #2 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Auto-Owners Insurance Company. Related case(s): no (Bonner, Robert)
August 29, 2008 Filing 4 CERTIFICATE of interested persons and corporate disclosure statement re #3 Interested persons order by Auto-Owners Insurance Company. (Bonner, Robert)
August 25, 2008 Opinion or Order Filing 3 INTERESTED PERSONS ORDER. Response due within (11) days of the date of this order. Signed by Senior Judge Patricia C. Fawsett on 8/25/2008. (NBL)
August 25, 2008 Opinion or Order Filing 2 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2.Response due within (11) days of the date of this Order. Signed by Senior Judge Patricia C. Fawsett on 8/25/2008. (NBL)
August 22, 2008 Filing 1 COMPLAINT against all defendants (Filing fee $350, receipt number 28799) filed by Auto-Owners Insurance Company. (Attachments: #1 Exhibit A through F; #2 Civil Cover Sheet)(MAA)
August 22, 2008 Summons issued as to Ace Electrical Service, Inc., Charles R. DePari, Jr, Donna M. DePari, and Steve L. Kirscht. (MAA)

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Search for this case: Auto-Owners Insurance Company v. Ace Electrical Service, Inc. et al
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3rd party plaintiff: City of Daytona Beach
Represented By: MaryEllen G. Koberg
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3rd party plaintiff: Ace Electrical Service, Inc.
Represented By: Benjamin A. Webster
Represented By: John W. Foster, Sr.
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Plaintiff: Auto-Owners Insurance Company
Represented By: Thomas E. Crafton
Represented By: Robert E. Bonner
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Defendant: Steve L. Kirscht
Represented By: Benjamin A. Webster
Represented By: John W. Foster, Sr.
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Defendant: Charles R. DePari, Jr.
Represented By: Benjamin A. Webster
Represented By: John W. Foster, Sr.
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Defendant: Stephen P. Byrne, P.E.
Represented By: Michael D. Porter
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Defendant: Donna M. DePari
Represented By: Benjamin A. Webster
Represented By: John W. Foster, Sr.
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3rd party defendant: Dickens and Associates, Inc.
Represented By: Trevor B. Arnold
Represented By: Michael D. Porter
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